After ten years of continuous legal residency, one may apply for an indefinite leave to remain under immigration laws. Currently, authorization to remain is considered a legal residence, whether it is part of a temporary category or a long-term immigration route that leads to settlement.
This long residence ILR rule will be altered on April 12, 2023, to exclude temporary immigration categories like guest visas, short-term student visas, and temporary admission given while an application for asylum or humanitarian protection is being considered from the concept of legal residency.
The long residence ILR change will take effect immediately, meaning applications submitted before 13 April will be decided under the current regulations, and applications submitted after 12 April will be decided under the new rules, even if the residence periods under consideration were before 12 April.
There is now a requirement to have had current permission (where granted from 11 April 2024) for 12 months or more or have been exempted from immigration control in the 12 months immediately before the date of application.
Please note, if your current permission was granted before 11 April 2024, then rule LR 11.3 does not apply.
Immigration lawyers must analyse when their clients are still eligible after April. Individuals who think they might qualify for long-term residency under the long residence rule should get legal counsel immediately to ensure they will retain their eligibility if the laws change.
Also Read: Explore The Difference Between The 5 and 10 Year Partner Route
Here are a few cases to show how significant this change is:
Many of our clients have been waiting to hear back on their applications for asylum or humanitarian protection. The fact that the waiting period extends to is common. There is almost no way to make the decision faster. All of these clients are currently on temporary leave, which counts towards their eligibility for an indefinite leave to remain if their application is approved. As time began to run from when the client legally entered the UK as a visitor or from the date they received their temporary admission, the delay was a minor problem until this point, at least not in terms of timing. These years of waiting won’t matter after April 12; time will only begin to run from the moment leave to remain approved, which might take a few more years.
Also Read: Indefinite Leave to Remain: How To Qualify & Apply for ILR Visa in the UK
Conclusion:
The long residence ILR change is incredibly frustrating because it has been made intentionally to punish the applicant more severely for the delays in the decision-making procedures. The Home Office cannot be forced to keep to any deadline. The requirement to decide within a reasonable period is always interpreted within the situation’s circumstances; unfortunately, the more frequent and longer the delays, the more elusive the right time idea becomes.
If you are considering applying for Long Residence ILR under the new rules, contact My Legal Services today for a confidential consultation. Our immigration specialists can guide you through the process and help you achieve your immigration goals.